DES MOINES, Iowa — A federal judge has ordered Des Moines Area Community College to stop using a new school logo, finding that Drake University would likely be successful in establishing trademark infringement. KCCI reports that on Friday, a federal judge issued a preliminary injunction, blocking DMACC from using the block letter “D” logo, even when it’s paired with the DMACC house mark. The college must stop its use of the logo within 21 days of Friday’s ruling.
In July, Drake filed a trademark lawsuit against DMACC, arguing that the community college’s new black and white block letter “D” logo was too similar to Drake’s historic “Vintage D” logo.
Stephanie Rose chief judge of the U.S. District Court for the Southern District of Iowa wrote in a 43-page ruling, that “DMACC may choose to return to its prior successful branding that served it well for 35 years, requiring only the cessation of its recently-adopted D and blue/white color scheme. This temporary burden pales in comparison to the erosion of Drake’s century-old brand identity and the confusion created by having two post-secondary institutions using nearly identical branding in the same geographic market.”
Rose wrote that the “D” logos are similar enough that there is “legitimate concern of confusion of sponsorship or affiliation as much as there is a confusion of source.” She added, “Given the incredibly close proximity, remarkable similarity of the marks including their colors, and the identical nature of the services provided by the parties within the same geographic area, Drake has established that it is likely to succeed on the merits of its case in establishing a likelihood of confusion.”
Judge Rose also addressed concerns DMACC had about the costs of removing the block D logo, saying that “Although DMACC argues it would incur costs to revise its branding, these self-inflicted harms from knowingly adopting potentially infringing marks do not outweigh the incalculable damage to Drake’s distinctive identity and reputation.”
Rose also ordered Drake to pay $25,000 because federal court rules require the petitioner to post a bond to “pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.”
Drake University President Marty Martin issued a statement saying they are happy with the court’s decision and looking forward to putting the matter to rest.